In today’s Property Surveying blog post topic, we are going to be taking a look at party wall surveying procedures.
Particularly we are going to be looking at the scenarios that come into play if the adjoining owner opts to ignore the Party Wall Notice that their neighbour, the building owner serves upon them.
Under the Party Wall etc. Act 1996, if a building owner is undertaking specific works to their property. The statute and law requires them to serve a Party Wall Notice upon their neighbour, the adjoining owner a minimum of one month, or potentially two months in advance of their proposed works commencing.
The Party Wall Notice starts a legal procedure, whereby the adjoining owner has a legal duty and is required to respond to that Party Wall Notice.
An adjoining owner’s Party Wall Notice responses are specific and clear and are set out as follows:
Party Wall Notice Consent
A Party Wall Notice consent means that the adjoining owner is giving their legal response to the Party Wall Notice and consenting to the Notice itself.
Consenting to the Notice effectively means that the statutory procedures as prescribed by the Party Wall etc. Act 1996 will no longer be required or adhered to.
This effectively means that the building owner will be legally free to commence their works, without any further formality being required.
For a building owner this is far and wide the most favourable outcome to a Party Wall Notice, as it effectively means that they not only have the legal right to commence the works without the delays associated with the administration of the statutory procedure. However, they also don’t need to incur any additional professional costs or fees in respect of an agreed party wall surveyor, or two respective party wall surveyors agreeing a Party Wall Award.
If you were to liken this to a traffic light, this would very much be a green light.
Party Wall Notice Dissent, Agreed Surveyor Appointment
The second option that an adjoining owner has at their disposal is to dissent to the Party Wall Notice and agree in the appointment of an agreed party wall surveyor.
An agreed party wall surveyor will have a statutory duty to act impartially on behalf of both the building owner, and the adjoining owner.
The agreed party wall surveyor’s role will be to administer the procedures as set out by the Party Wall etc. Act 1996, ensuring that the building owner’s works are reviewed and considered from the perspective of the adjoining owner’s property.
The surveyor will undertake a Schedule of Condition report, prepare any works method statements, and also agree a Party Wall Award which concludes the party wall procedures.
A Party Wall Award is a legal document that the agreed party wall surveyor will prepare and serve upon his respective appointing owners, the adjoining owner and building owner.
The Award will not only govern the building owner’s party wall works (those construction works that fall within the realm of the Party Wall etc. Act 1996).
However, it will also set out the procedures and steps to be taken in the event of alteration, or addition to works, damage, or any other issue resulting from the party wall works.
The Party Wall Award also has the added benefit of giving the adjoining owner protection above and beyond common law.
In our experience here at Stokemont this is one of the most common reasons why an adjoining owner will often opt for the agreement of a Party Wall Award.
By dissenting to the Party Wall Notice they not only get the benefit of surveyor input, however, they also get the benefit of cost protection in the event that an unfortunate issue should arise.
If you were to liken this to a traffic light, this would very much be an amber or orange light.
Party Wall Notice Dissent, Appointing Their Own Surveyor
The final Party Wall Notice response is much like the second response. However, the only difference is that the adjoining owner will specifically request that their selected party wall surveyor acts wholly on their behalf.
If you were to liken this to a traffic light, this would very much be a red light.
This will compel the building owner to then appoint their own party wall surveyor, with that party wall surveyor likewise acting wholly on behalf of the building owner.
Those two party wall surveyors will go through all of the same steps as an agreed party wall surveyor would.
In fact, the procedures are wholly the same, aside from one important and key point.
When there are two appointed party wall surveyors, one acting on behalf of the building owner, another acting on behalf of the adjoining owner.
These two respective surveyors have a legal duty to select a third party wall surveyor.
The third party wall surveyor is in place to ensure that if there is any dispute between the respective building owner and adjoining owner (or the respective party wall surveyors, building owner’s party wall surveyor and adjoining owner’s party wall surveyor). They are in place to step in and resolve that dispute.
The Act is forward thinking in this regard, as it recognises that there is likely to be some form of legal dispute, difference of opinion, or simply stalemate when it comes to negotiation and discussion, therefore by having a third surveyor selection in place it gives the parties the necessary vessel to resolve the issue.
Third surveyors will rarely know that they have been selected, however will indeed be made aware of their selection in the event that a bona fide dispute arises and the respective parties need their input in order to resolve that.
Third surveyor selection is made through the two surveyors circulating experienced third surveyor names, ultimately jointly selecting one if they are comfortable and agreeable to acting as that all important resolving person in the event of dispute.
Third surveyor referrals do carry a cost, with the burden being upon the owner with whom the third surveyor does not side with.
Effectively, this means that whoever the third surveyor sides with, whether that is the building owner, or building owner’s surveyor, or, alternatively the adjoining owner or adjoining owner’s surveyor.
It is going to be the party that was not successful in making a referral i.e. the third surveyor determined against them, who are liable for the third surveyor’s fees.
Party wall surveying procedures can often be a complicated and confusing situation for adjoining owners, as in many scenarios they will often not only be finding out about the building owner’s proposed works for the first time, they will also be presented with legal documents.
If you have been served a Party Wall Notice, don’t panic, there are plenty of party wall surveyors out there who should be able to explain the party wall procedures to you.
Here at Stokemont we are incredibly proud to offer 30 minutes free no strings party wall surveying advice to any callers.
If you would like to take us up on this offer all you need to do is get in touch with us today and we will be more than happy to assist and advise you.
